Terms + Conditions
1. ABOUT THE WEBSITE
1.1 Welcome to www.gelder.com.au (the ‘Website’).
1.2 This Website is operated by Gelder Group Architects. Access to and use of the Website, or any of its associated Products or Services, is provided by Gelder Group Architects. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, immediately.
1.3 Gelder Group Architects reserves the right to review and change any of the Terms by updating this page at its sole discretion.
2. ACCEPTANCE OF THE TERMS
1.1 You accept the Terms by remaining on the Website.
3. COPYRIGHT AND INTELLECTUAL PROPERTY
3.1 The Website, the content and all of the related products of Gelder Group Architects are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Gelder Group Architects or its contributors.
3.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Gelder Group Architects, who grants to you a worldwide, non-exclusive, royalty free, revocable license to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. Gelder Group Architects does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Gelder Group Architects.
3.3 Gelder Group Architects retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
3.4 You may not, without the prior written permission of Gelder Group Architects and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose, unless otherwise provided by these Terms.
4. PRIVACY
Gelder Group Architects takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Gelder Group Architects’ Privacy Policy, which is available on the Website.
5. GENERAL DISCLAIMER
5.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.2 Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Gelder Group Architects will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3 Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Gelder Group Architects make any express or implied representation or warranty about the content or any products or content (including the products or content of Gelder Group Architects) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of the products of Gelder Group Architects; and
(d) the content or operation in respect to links which are provided for your convenience.
6. LIMITATION OF LIABILITY
6.1 Gelder Group Architects’ total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
6.2 You expressly understand and agree that Gelder Group Architects, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
6.3 You acknowledge and agree that Gelder Group Architects holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
7. INDEMNITY
7.1 You agree to indemnify Gelder Group Architects, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.